by judy.pino@ncla.legal | Nov 9, 2020 | Adi Dynar, Blog
On November 2, 2020, Justice Amy Coney Barrett participated in her first two oral arguments as an Associate Justice of the Supreme Court of the United States. Over the next few decades, she will get to ask incisive questions during oral argument to help her...
by judy.pino@ncla.legal | Sep 25, 2020 | Adi Dynar, Blog
The Arizona Supreme Court took a welcome step last month by making it easier to obtain state-court stays of state-agency decisions. It adopted verbatim the NCLA-drafted amendment to court rules. The new rule is scheduled to go into effect on January 1, 2021....
by judy.pino@ncla.legal | Jul 9, 2020 | Adi Dynar, Blog
Indian River County, Florida v. Department of Transportation presents a dangerous case of the D.C. Circuit putting the skids under Skidmore deference. If allowed to stand, the D.C. Circuit’s decision would make Skidmore more deferential than Kisor and Chevron....
by judy.pino@ncla.legal | Apr 9, 2020 | Adi Dynar, Blog
The Arizona Court of Appeals in late March decided an important case: Enterprise Life Insurance Company et al. v. ADOI. The decision helps Arizonans maintain control over their choice of health insurance. But the decision is also important because it marks a...
by judy.pino@ncla.legal | Apr 8, 2020 | Adi Dynar, Opinion
Like the velociraptors testing the perimeter of their enclosure in Jurassic Park, the Commodity Futures Trading Commission (CFTC) has begun probing the weaknesses in the statute that is supposed to fence the agency’s authority. The case of Monex Deposit Company...
by NCLA | Feb 13, 2020 | Adi Dynar, Blog, John J. Vecchione
There is a case of importance and promise for injecting Constitutional protections in proceedings by administrative agencies. Faced with a recalcitrant Federal Trade Commission (“FTC”), AXON Enterprises, Inc. (“AXON”) sued the FTC in federal court on January 3,...
